2009 (8) TMI 842 - AT - Income Tax

Summary

Issues Involved:
1. Principles of natural justice.
2. Disallowance of business expenditure.
3. Initiation or reopening of the assessment u/s 147.
4. Addition of Rs. 8,19,149 as profit on sale of assets u/s 50 of the I.T. Act.
5. Levy of interest.
6. Initiation of penalty proceedings.

Summary:

1. Principles of Natural Justice and Disallowance of Business Expenditure:
The assessee did not press ground No. 2 related to principles of natural justice and ground Nos. 6 and 7 concerning the disallowance of business expenditure of Rs. 64,830. Consequently, these grounds were dismissed.

2. Initiation or Reopening of the Assessment u/s 147:
The assessee contended that the reasons for reopening the assessment were not communicated, making the reopening without additional information bad in law. The CIT(A) rejected this contention, stating that the Assessing Officer discussed the reasons for reopening in the remand report and the assessment order, and informed the A.R. during the hearing. The CIT(A) upheld the action of the Assessing Officer in bringing to tax the short-term capital gains.

3. Addition of Rs. 8,19,149 as Profit on Sale of Assets u/s 50:
The assessee argued that the new factory gala purchased should be treated as an addition to the block of assets, and the short-term capital gains on the sale of the old factory gala should be deleted. The CIT(A) disagreed and upheld the Assessing Officer's order, including the amount in the computation of income. The Tribunal found that the action of the Assessing Officer was not according to the provisions of the Act. The adjustment made by the assessee was in line with section 43(6)(c), and the use of the asset was not a condition precedent for making adjustments in the block of assets. The Tribunal concluded that the reopening was a mere change of opinion and not permissible, allowing ground Nos. 3, 4, and 5 of the assessee.

4. Levy of Interest and Initiation of Penalty Proceedings:
Ground No. 8 regarding the levy of interest and ground Nos. 9 and 10 concerning the initiation of penalty proceedings were not contested and were dismissed.

Conclusion:
The appeal was partly allowed, with the Tribunal ruling in favor of the assessee on the grounds related to the reopening of the assessment and the addition of short-term capital gains.